Biotechnology decision making: public information and participation in the context of European Directives 90/219/EEC and 90/220/EEC Report on a Seminar held in the Netherlands

On 23 April 1990, the European Community adopted Council Directives designed to anticipate and control risks from new applications of biotechnology. These were Council Directives 90/219/EEC (1) on the contained use of genetically modified micro-organisms and Council Directive 90/220/EEC (2) on the deliberate release of genetically modified organisms to the environment. These Directives have the dual purpose of ensuring an equal level of protection of people's health and environment from possible risks while helping to achieve a single European market for biotechnology products. Appropriate legislation is also important in developing an atmosphere of acceptance and public confidence in biotechnology. In this context, public information and public participation in decision-making procedures on notifications and authorizations for the use of genetically modified organisms (GMOs) may well be crucial to create such an atmosphere. In the European Union public information and participation is at the discretion of the national competent authorities. According to Article 13 of Directive 90/219/EEC, (1) "Member States have the possibility to make wider consultations concerning any aspects of a contained use, provided that confidentiality is respected. Article 7 of Directive 90/220/EEC (2) stipulates that "where a Member State considers it appropriate, it may provide that groups or the public shall be consulted on any aspect of the proposed deliberate release, provided that confidentiality is respected". On assignment from the Netherlands' Ministry of the Environment, MEBO Environmental Consultancy prepared an inventory of the (legal) possibilities for public information and participation within the framework of national regulations on safety in biotechnology in European countries, including the views of several non-governmental organisations (NGOs) on these possibilities. The inventory provided the background information for the "Seminar on Public Information and Participation", which was held on July 6th, 1994 in the Netherlands. The purpose of the seminar was to obtain an overview of the different mechanisms and practices of public information and participation in European countries. In addition, it also aimed at gaining insight in how these mechanisms and practices are perceived by the NGOs. In summary, the general findings were that there are considerable differences in legal provisions and policy-making between European countries. Moreover, the country reports and seminar revealed marked differences in the way these national legal provisions and policies are perceived by NGOs throughout Europe

Farm-level GM Coexistence Policies in the EU : Context, Concepts and Developments

Many EU MS have implemented coexistence policies to govern the cultivation of GM crops on their territory but only one GM crop, the Bt maize event MON810, is currently cultivated in the EU. From a practical point of view, a combination of paper traceability and implementation of isolation distances between GM and non-GM maize are considered as being the most effective way of segregating both types of materials. In general, infringements will however only become apparent after harvesting the crops. Liability issues will then be invoked late in the process restricting or at least limiting flexibility in the marketing of the materials in an appropriate way. Nevertheless, following the general guidelines for coexistence developed by the European Commission, EU Member States are progressively regulating coexistence at the national level. The policies in the EU governing coexistence can be differentiated into ex-ante regulations and ex-post liability rules. This differentiation is useful as the economic implications between the two differ. With regard to maize, studies show that the costs of complying with the given threshold values for GM content at farm level range from zero to 2 per cent of the total growing costs for both conventional and organic production.</p